We understand how devastating it is to lose someone you love because of someone else’s negligence – both emotionally and financially. In Idaho, those families who have suffered a loss of a loved one due to someone’s careless, reckless, or intentional actions have the right to pursue a wrongful death claim.
In this article, we will explore what qualifies as a wrongful death claim in Idaho, who can file, and what kind of compensation is available to affected families under Idaho law.
What Is a Wrongful Death Claim?
A wrongful death claim means a civil lawsuit which seeks compensation for the loss of a loved one due to someone else’s negligence or misconduct. For example:
- Car crashes and truck accidents caused by the drivers’ negligence.
- Medical malpractice, such as surgical negligence, wrong diagnoses, or other errors.
- Workplace accidents, often involving unsafe conditions or defective equipment.
- Defective products, and consequentially, fatal injuries.
- Intentional acts, such as homicide or assault.
It’s important to distinguish between these types of claims and any criminal charges – these claims focus on financial compensation for the surviving family members.
Idaho’s Wrongful Death Law
Idaho’s wrongful death statute, found in Idaho Code § 5-311, says that a claim can be filed for death caused to a person due to another’s negligence or wrongful act, where the deceased could have filed a personal injury claim, had they survived.
This means that, essentially, wrongful death claims and personal injury claims are very similar – the only difference is that for wrongful death, the deceased person’s family or estate are the ones bringing the lawsuit.
There is a time limit, as prescribed by the statute of limitations (Idaho Code § 5-219), per which the claim must be filed within two years from the date of the death.
Who Can File a Wrongful Death Claim in Idaho?
Idaho law poses limits on who can file a wrongful death claim. Eligible parties are:
- The surviving spouse.
- The children or stepchildren.
- The parents, in case the deceased had no spouse or children, or if the deceased was a minor.
- In certain cases, other dependents, or the personal representative of the estate.
Whoever files the claim acts on behalf of all beneficiaries. That means that any compensation recovered is distributed according to Idaho’s laws on inheritance and dependency.
Types of Compensation Available
In wrongful death cases, damages are meant to compensate for both economic and non-economic losses. They include:
- Medical bills incurred before death.
- Funeral and burial costs.
- Any lost income or benefits the deceased would have provided.
- Loss of emotional support, guidance, and companionship.
- Any pain and suffering experienced by the deceased before their death.
Under Idaho law, there is a limit on non-economic damages in some cases, but not on economic ones.
Proving a Wrongful Death Claim
There are important things to bring forward when filing a lawsuit in the case of wrongful death. To best strengthen the claim, the plaintiff must provide:
- Proof that the defendant owed a duty of care to the deceased.
- Proof that the defendant breached that duty through misconduct or negligence.
- Proof that the breach caused the death.
- Proof that the survivors are suffering financial or emotional damages as a result of the death.
We understand that in this difficult situation the above might seem daunting. That is when an experienced Idaho wrongful death attorney can help. They can act on your behalf and gather evidence, such as police reports, witness statements, and expert testimony in building a strong case for you.
Why Legal Representation Matters
Wrongful death cases are complex. This is especially true when there are multiple defendants or insurance companies involved. A skilled Idaho wrongful death lawyer can help you in investigating the cause of death, identify liable parties, calculate the total damages and long-term losses, and negotiate on your behalf.
At Bendell Law Firm PLLC we are committed to protecting your family’s rights. We will ensure that your claim meets all legal deadlines, explain your rights to you, and pursue the justice you deserve.
If you’ve lost a loved one due to someone’s negligence, make the first step to recovery and contact Bendell Law Firm PLLC today. You’re not alone – let’s walk this path together.